Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Raju Paswan was arrested in connection with a case (G.R. No. 3006 of 2023) alleging embezzlement of funds related to the construction of a Nal Jal Tower under a government scheme, and was charged under IPC sections 420, 406, 409 and 34. Paswan contended that he was merely the chairman of the overseeing committee and did not execute the work, which was primarily carried out by co‑accused Krishna Nandan Mahto, who had already been granted bail by a coordinate bench. He further argued that the investigation was complete, he had been in custody since 26‑09‑2025, and he had only one prior criminal case in which he was already on bail. The State opposed the bail application. Considering the completed investigation, the petitioner’s prolonged custody, and the precedent of bail to the similarly situated co‑accused, the court granted regular bail on a bond of Rs.20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- regular bail
- IPC sections 420, 406, 409, 34
- embezzlement
- construction fraud
- bail privilege
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87396 of 2025
Arising Out of PS. Case No.-133 Year-2023 Thana- HAYAGHAT District- Darbhanga
======================================================
Raju Paswan, S/o Shri Dhaniklal Paswan, Resident of Village - Purbi
Bilaspur, P.S.- Hayaghat, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Adv.
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Kaushal Kumar,learned counsel for the
petitioner and Mr. Parmeshwar Mehta, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
G.R. No. 3006 of 2023, arising out of Hayaghat P. S. Case No.
133 of 2023, dated 04.09.2023 registered for the offences
punishable under Sections 420, 406, 409 and 34 of the Indian
Penal Code.
3. The main submissions advanced by the petitioner's
counsel are that the allegation of embezzlement has been
levelled against this petitioner and the co-accused mainly on
account of non-completion of a part of the construction of Nal
Jal Tower under Mukhya Mantri Gramin Pey Jal Nischay
Yojana though as per the technical assistant's report, a major
Patna High Court CR. MISC. No.87396 of 2025(2) dt.12-01-2026
2/3
part of the work worth Rs. 10,15,172/- has been recorded in the
measurement book, however, the petitioner being the Chairman
of the concerned committee was not instrumental in the
execution of the said construction work and the co-accused
Krishna Nandan Mahto was mainly responsible for the alleged
act upon whose persuasion the petitioner affixed his signature
on the concerned documents. It is further submitted that the said
co-accused Krishna Nandan Mahto has already been granted
bail by the coordinate Bench of this court vide order dated
20.08.2025 passed in Cr. Misc. No. 42168 of 2025 and it is
contended that the case of this petitioner stands on better footing
and further before the High Court the said co-accused had taken
the plea that he had performed all his work, considering the said
submission as well as other relevant materials on record his
prayer for bail was allowed by the coordinate Bench of this
court. It is lastly submitted that the petitioner has one criminal
antecedent in which he is on bail and he has been languishing in
jail since 26.09.2025 and against him the investigation has been
completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case,
Patna High Court CR. MISC. No.87396 of 2025(2) dt.12-01-2026
3/3
considering the above submissions and the averments made in
this application mainly taking into account the petitioner's
custody period and completion of investigation against him,
coupled with the privilege of bail having been granted to the
similarly situated co-accused by the coordinate Bench of this
Court, this court is inclined to grant the same releif to the
petitioner. Accordingly, let the petitioner named-above be
enlarged on bail in connection with G.R. No. 3006 of 2023,
arising out of Hayaghat P. S. Case No. 133 of 2023 on
furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each to the satisfaction of
the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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